Property disputes in Scotland

Property disputes in Scotland guidance:

Types of tenancy The main private sector residential tenancies in Scotland are assured and short assured tenancies. The main difference between the two tenancies is that...

Practice Note

This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. The Practice Note does not apply to...

Practice Note

This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim...

Practice Note

Essential features of a servitude The requirements for a valid servitude are set out in Practice Note: Servitudes in Scotland—Requirements for a servitude. Servitudes...

Practice Note

Assignation and subletting Assignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The tenant may choose...

Practice Note

This Practice Note considers the first stage of enforcement of standard security over heritable property in Scotland up to and including service of notices under Part II...

Practice Note

This Practice Note considers the second stage of enforcement of standard security over heritable property in Scotland. It deals with the steps creditors may take...

Practice Note

Development of the First Tier Tribunal for Scotland The Scottish Government’s Access to Justice Policy, prepared by the Cabinet Secretary for Justice as part of the...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish...

Practice Note

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on: • some other forms of relief in Scottish civil litigation, see...

Practice Note

Background This Practice Note considers the law of irritancy in the context of commercial leases in Scotland. In particular, it considers the differences between legal...

Practice Note

This Practice Note provides an overview of jurisdiction in Scotland in terms of considering whether the dispute should be dealt with in Scotland. For guidance on: • the...

Practice Note

Break clauses A break clause is a term in a lease which permits the landlord or the tenant to terminate a lease early. Break clauses are considered in detail in the...

Practice Note

Differences between leases and licences to occupy Leases A lease in Scots law has been defined as ‘a contract by which a person, known as a tenant, is allowed to occupy...

Practice Note

This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on: • pre-action conduct in Scottish personal injury claims, see...

Practice Note

STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to be appointed by the...

Practice Note

The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland (delictual and...

Practice Note

The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland (delictual and...

Practice Note

Rent Rent is the sum due by a tenant to the landlord for use or occupancy of a property. The amount of rent must be ascertainable from the lease. This does not mean it...

Practice Note

The main remedies available in the context of landlord and tenant disputes in Scotland are: • Interdict • Specific implement • Payment action • Damages action •...

Practice Note

In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for applying for...

Practice Note

Sequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee...

Practice Note

Default position Bilateral surrender (or renunciation as it is referred to under Scots law) is the method by which a tenant gives up its rights under a lease. This can be...

Practice Note

This Practice Note sets out the extent of the new Electronic Communications Code (the ‘new Code’) rights, how they arise, ie by agreement made between the parties or by...

Practice Note